Social Equity
Lecture 16 –
Administrative
Processes in
Government
What Is Social Equity?
 Social equity is fairness in the delivery of
public services; It is egalitarianism in
action – the principle that each citizen
regardless of economic resources or
personal traits deserves and has a right to
be given equal treatment by the political
system.
What Is Social Equity?
 Jean-Jacques Rousseau – “It is precisely because
the force of circumstances tends always to
destroy equality that the force of legislation must
always tend to maintain it.”
 Government organizations have a special
obligation to be fair – to pursue social equity both
with their employees and the public – because
they represent the citizenry.
Mandating Social Equity
 There is a long tradition of government
forcing private organizations to better treat
their employees.
 Better treatment was inhibited by social
Darwinism – the concept of biological
evolution applied by others to the
development of human social organization
and economic policy.
Mandating Social Equity
 Provided justification for child labor. As a
result, it took one hundred years for federal
and state government to outlaw child labor
altogether.
Mandating Social Equity
 The whole thrust of the labor and women’s
movements that began in the nineteenth century
and the post-World War II civil rights movement
was to obtain legislation that would equalize the
employment and social prospects of unions,
women, and minority group members.
 The fine tuning of these public policies is an
ongoing process.
The New Public Administration
 By the late 1960s, serious questions were being
raised about the state of the discipline and
profession of public administration.
 Minnowbrook conference.
 H. George Frederickson called for social equity
in the performance and delivery of social
services.
 Although mostly pushed by writing rather than
action, the principle now dominates public
administration actions.
The Challenge of Equality
 Equality is an American ideal. In 1776 the
Declaration of Independence proclaimed
that “all men are create equal.” Derived
from natural rights which cannot be taken
away. John Locke.
 But, both the Declaration and Constitution
denied rights to large segments of the
population.
Racism
 Race can be defined as large group of people
with common characteristics that are presumably
transmitted genetically.
– Physical characteristics
– More controversially, emotions and aptitudes.
 Up to the middle of the 20th century, race was
used as a method of distinguishing among
national groups.
 Began as language distinction, but became a
source of ranking and discrimination.
Race
 A racist can be defined as any person or
organization that either consciously or
unconsciously practices racial
discrimination against a person on the basis
of race (or ethnicity) or supports the
supremacy of one race over others.
 “Stealth racism.” – Department store
security, racial profiling.
The Bitter Heritage of Slavery
 What distinguishes African-Americans from other ethnic groups is the fact
that they are the only group brought to the U.S. as slaves.
 Constitution
– Article I, section 2 – three-fifths rule.
• Representatives and direct taxes shall be apportioned among the several states which
may be included within this union, according to their respective numbers, which shall
be determined by adding to the whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed, three fifths of all other
Persons.
– Article I, section 9 – slave trade (1808).
• The migration or importation of such persons as any of the states now existing shall
think proper to admit, shall not be prohibited by the Congress prior to the year one
thousand eight hundred and eight, but a tax or duty may be imposed on such
importation, not exceeding ten dollars for each person.
– Article IV, section 2 – runaway slaves.
• No person held to service or labor in one state, under the laws thereof, escaping into
another, shall, in consequence of any law or regulation therein, be discharged from such
service or labor, but shall be delivered up on claim of the party to whom such service or
labor may be due.
The Bitter Heritage of Slavery
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Dred Scott v. Sandford (1857).
Civil War.
Emancipation Proclamation.
Thirteenth, Fourteenth, and Fifteenth
Amendments to the Constitution.
 Reconstruction (1865-1876).
 Jim Crow laws.
 Plessy v. Ferguson (1896).
The Bitter Heritage of Slavery
 Second reconstruction (1954-1970).
 Brown v. Board of Education (1954).
 Equal Employment Opportunity
Commission (1964).
The Bitter Heritage of Slavery
 Ethnic and racial reporting.
– White, not Hispanic (EEO-1).
– Black, not Hispanic (EEO-1).
– Hispanic (EEO-1).
– American Indian or Alaskan Native (EEO-1).
– Asian or Pacific Islander (EEO-1).
– Jewish (Shaare Tefila Congregation v. Cobb, 1987).
– Arabic (Saint Francis College v. Al-Khazraji, 1987).
The Bitter Heritage of Slavery
 Employment advantages, and set asides.
 The use of set asides upheld in several
cases, restricted in later cases, and
abandoned by Clinton Administration.
Equal Employment Opportunity
 Equal employment opportunity (EEO) is a
concept fraught with political, cultural, and
emotional overtones.
 Generally, it applies to a set of employment
procedures and practices that effectively prevent
any individual from being adversely excluded
from employment opportunities on the basis of
race, color, sex, religion, age, national origin, or
other factors that cannot lawfully be used to
make employment decisions.
Equal Employment Opportunity
 The ideal is an employment system devoid
of intentional and unintentional
discrimination, but it may be a political
impossibility to achieve because of
disagreement about definitions.
 EEO exists to remedy real problems.
 The problem is discrimination – the failure
to treat equals equally.
Origins of Affirmative Action
 Kennedy Administration – Executive Order
10925 of March 6, 1961 required that
“affirmative action” be used to implement
the policy of nondiscrimination in
employment by the federal government
and its contractors.
– Meant initially the removal of artificial
employment barriers for women and
minorities.
Origins of Affirmative Action
 Johnson Administration.
– Civil Rights Act of 1964 – It shall be the
policy of the United States to ensure equal
employment opportunities for Federal
employees.
– Equal Employment Opportunity Commission
to combat discrimination in the private sector.
Civil Service Commission for the public
sector.
Origins of Affirmative Action
 Nixon Administration – Executive order
requiring agency heads to “establish and
maintain an affirmative action program of
equal employment opportunity.”
– Federal courts began to equate affirmative
action with goals and timetables for minority
hiring.
The Case for Affirmative Action
 Statistically-based. Lower median income, lower
life expectancy, lower status occupations.
 Disparities exist because of continuing patterns
of discrimination.
 Vigorous affirmative action program only way to
get beyond adverse impact of systemic
discrimination.
 Affirmative action increases tolerance among
individuals and productivity in organizations.
The Case Against Affirmative
Action
 Simply stated: It is unfair. Racial and sexual
preferences violate the Civil Rights Act of 1964
just as much racial and sexual barriers.
 Affirmative action programs also have the effect
of stigmatizing minority workers, who may have
received the job on merit, but will be perceived
as receiving it to meet a quota.
 Compensatory benefits should be based on class,
not race.
Representative Bureaucracy
 J. Donald Kingsley (1944).
 Samuel Krislov (1967, 1974).
 How could any bureaucracy have
legitimacy and public credibility if it did
not represent all sectors of its society?
 Modern theoretical basis for EEO and
affirmative action.
Reverse Discrimination
 Reverse discrimination is a practice generally
understood to mean discrimination against white
males in conjunction with preferential treatment
for women and minorities.
 Practice has no legal standing.
 Yet, affirmative action programs do necessarily
put white males at a disadvantage.
Reverse Discrimination
 Court cases.
– DeFunis v. Odegaard, 1974 – Law school – Admitted
– Moot.
– Regents of the University of California v. Allan
Bakke, 1978 – upheld Bakke’s claim that he was
denied equal protection because he was refused
admission to UC Davis Medical School because of 16
minority set asides. But school could take race into
account. UC ultimately abandoned affirmative action
in 1997.
Reverse Discrimination
 Court cases.
– United Steelworkers of America v. Weber, et
al., 1979 – Court upheld an affirmative action
program giving blacks preferences in the
selection of employees for a training program.
– Johnson v. Santa Clara County, 1987, - upheld
an affirmative action program that promoted a
woman ahead of objectively more qualified
men.
Reverse Discrimination
 Race has always been a hot button topic in
American politics, but affirmative action
worked as long as it had broad public
support.
 But, beginning in 1990 with the election
between Jesse Helms and Harvey Gantt, a
sea change in opinion occurred.
Reverse Discrimination
 Most (white) elected politicians now actively
campaign against affirmative action.
 Support for affirmative action has fallen to 25
percent among whites, 22 percent among
Hispanics, and 18 percent among Asians.
 California Proposition 209 (1996).
– http://vote96.ss.ca.gov/Vote96/html/BP/209.htm.
Sex Discrimination
 Any disparate or unfavorable treatment of
a person in a employment situation because
of his or her gender. Prohibited by Civil
Rights Act of 1964, except as a bona fide
occupational qualification.
 Not a significant concern of original
supports of Civil Rights Act.
Sex Discrimination
 Actually added as bill killer by
Congressman Howard Smith (VA), Chair
of Rules Committee.
 Passed anyway. Became major component
and most successful provision of Act.
 Today, for all legal purposes, sex
discrimination includes sexual harassment.
Sexual Harassment
 The action of an individual in a position to
control or influence the job, career, or grade of
another person and who uses such power to gain
sexual favors or punish the refusal of such favors.
Varies from inappropriate sexual innuendo to
coerced sexual relations.
 Courts have only gradually developed standards.
 First of several law suits – Paulette Barnes in
EPA, 1974.
Sexual Harassment
 EEOC guidelines.
– Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical contact of a sexual
nature constitute sexual harassment when:
• Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment;
• Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual; or.
• Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive work environment.
Sexual Harassment
 First U.S. Supreme Court case – Meritor
Savings Bank v. Vinson, 1986.
– Sexual harassment is a violation of Title VII of
Civil Rights Act of 1964 on basis of EEOC
categories.
 Sexual harassment remains a continuing
problem.
Pregnancy Discrimination
 1978 amendment to Civil Rights Act of
1964 prohibits discrimination on the basis
of pregnancy, childbirth, or related
condition.
– Cannot exclude people on the basis of
pregnancy.
– Disabilities caused by pregnancy will be
treated like other disabilities.
Age Discrimination
 Ageism is discrimination against those who are
considered old.
 Age Discrimination in Employment Act of 1967
as amended. Prohibits age discrimination and in
most cases mandatory retirement.
– Applies to all public employers, all private employers
of 20 people or over, employment agencies serving
covered employers, and labor unions with 25 people
or over.
 May not use age in advertisements.
Disabilities Discrimination
 Disabled veterans after Civil War, wives of
disable veterans after World War I.
 Vocational Rehabilitation Act of 1973 –
federal contractors and subcontractors had
to make affirmative action to seek out
qualified handicapped individuals.
Disabilities Discrimination
 Definition of handicapped: Any person who
– 1. Has a physical or mental impairment that
substantially limits one or more of such person’s
major life activities;
– 2. Has a record of such an impairment; or
– 3. Is regarded as having such an impairment.
 A qualified handicapped individual with respect
to employment is one who with reasonable
accommodation can perform the essential
functions of a job in question.
Disabilities Discrimination
 Americans with Disabilities Act of 1990.
– Comprehensive federal law to ban discrimination
against physically and mentally handicapped
individuals in employment, transportation,
telecommunications, and public accommodations.
– No covered entity shall discriminate against a
qualified individual with a disability because of the
disability of such individual in regard to job
application procedures, the hiring, advancement, or
discharge of employees, employee compensation, and
other terms, conditions and privileges of employment.
Disabilities Discrimination
 Americans with Disabilities Act of 1990.
– Covers all employers with 15 or more
employees, new buses and trains, telephone
companies, renovated or new hotels, stores,
and restaurants, removal of existing barriers.
– Accommodations that are too costly or
disruptive excluded.
– Disability includes alcoholism and drug abuse
if under treatment.
Disabilities Discrimination
 Americans with Disabilities Act of 1990.
– Also may include infectious diseases.
– Employers may not ask about the existence, nature, or
severity of a disability nor require a medical
examination until an conditional offer of employment
has been made.
– Employers must demonstrate that rejection is jobrelated and that the essential functions of the job
cannot be performed with reasonable accommodation.
Public Administration and
Social Equity
 All public administrators have an obvious
obligation to advance social equity, but it
can be done in several ways.
– Administer laws in a fair manner.
– Seek to hire and advance a varied workforce.
– Moral leadership.